How to Get a Restraining Order in Mississippi

Obtaining a Protective Order in Mississippi

Past Hancock Law Firm, PLLC |
Oct xiv, 2015

No 1 deserves to be in a relationship that becomes threatening or fierce. If you feel unsafe in your dwelling house and want the comfort of knowing that you can legally bar a spouse or former partner from your home, obtaining a protective gild may be a good thought. An experienced family police attorney tin can walk you through this process and handle the paperwork and hearings required to ensure that unsafe people cannot hurt you or your family. Read on to understand the procedure for obtaining a protective club in the land of Mississippi.

When Can Yous Become a Protective Guild?

Temporary protective orders are bachelor confronting spouses, former spouses, a partner with whom you lot alive or share a child, relatives with whom you lived, or someone yous’re dating. Protective orders are designed to protect you lot from “corruption” as defined by Mississippi law, which includes attempting to cause or causing bodily injury, threatening someone with imminent serious bodily injury, sexual assault against a minor, stalking, statutory rape, sexual battery, cyberstalking, or rape by force or drugging.

How Do You Obtain a Protective Guild?

You can obtain a protective order past going to the municipal court in your town and completing the required paperwork with the court clerk. The court will notify you lot of when to appear for a hearing, and if you annotation that you require the protective order on an emergency basis, the court volition hear your petition as early every bit possible. The judge will ask that you lot nowadays any bachelor evidence of the violence, threatened injury, abuse, or stalking y’all take experienced that has prompted you to request the protective club.

The abuser will non be present in court for the initial hearing. If the approximate is satisfied, he or she will issue a temporary protective gild that will terminal ten days, only which can be extended upon request, up to the maximum length of ane year, but tin can merely final 30 days where the victim has minor children with the abuser. The declared abuser will be served with a copy of the temporary protective order, and as soon equally service has been carried out, the society will get effective.

In club for the temporary order to become concluding, the guess will need to concord a hearing that allows both you and the defendant abuser to tell your sides of the story. You will demand to testify in court about why you believe the protective society should be made final, and the abuser volition as well be able to prove and argue why the order should be lifted. Having an attorney for this stage can save some of the pressure of arguing in court, past allowing a legal professional to handle the paperwork and formation of arguments, and to lift the brunt off you lot. In granting the final social club, the judge will have discretion regarding how long the guild should last.

What Can a Protective Social club Exercise?

A protective lodge volition first and foremost make it illegal for the abuser to have whatever contact with you and, if included in the society, your children. The order tin proceed the abuser away from your workplace and home, and abroad from any schoolhouse or daycare for your children. Y’all can request under a protective club that the police accompany you to recollect any personal belongings from a dwelling house you shared with the abuser. The judge can order that the abuser pay spousal support and/or kid back up, and tin order that the abuser pay for any medical intendance you require as a result of the abuse.

Recommended Reading

• Child Custody: What is in the Child’southward Best Interest?
• The Power of Parents: What Are Parental Rights?

If you have been the victim of domestic abuse in the Ridgeland, Mississippi surface area or Madison County, contact the compassionate and knowledgeable family law attorneys at Hancock Law House for a consultation, at (601) 853-2223.